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INFORMATION <br />ver <br />MEMORANDUM <br />TO: Mayor and City Council <br />Economic Development Authority <br />Housing and Redevelopment Authority <br />FROM: Heidi Steinmetz, Assistant Director of Economic Development <br />DATE: April 10, 2006 <br />SUBJECT: Eminent Domain Legislation <br />Attachments <br />• Senate File 2750 <br />• Proposed House File 2846 (final version not posted in time fox this memo) <br />• "House Restricts Eminent Domain," Star "lrzbune, April 7, 2006 <br />Background <br />The 2005 Kelo v. New London, Connecticut U.S. Supreme Court decision to uphold the use <br />of eminent domain fox economic development and redevelopment purposes prompted <br />significant legislative activity in Minnesota despite the fact that the Supreme Court decision <br />did not change the law in any substantive way fox Minnesota. <br />The City Council adopted a resolution on February 22, 2006 in general support of the <br />League of Minnesota Cities' efforts to preserve the authority of Minnesota cities to use <br />eminent domain (with modifications). The EDA and HRA provided input to the resolution <br />prior to the Council meeting. Mayor Klinzing sent a letter with the resolution to Elk River's <br />four legislators. <br />Sherburne County also passed a resolution on March 14, 2006 strongly opposing the <br />Johnson/Bakk bill as unduly restrictive, however stating that the Board of Commissioners <br />does not sanction the use of eminent domain to acquire propext<~ from a private party fox <br />transfer to a non-public entity. <br />Update <br />• Senate File 2750 was passed on March 27, 2006 with a vote of 64 (includes Senators <br />Wexgin and Jungbauex) to 2. <br />• House File 2846 was passed on April 6, 2006 with a vote of 115 (includes <br />Representatives Olson and Hackbaxth) to 17. <br />